Meadows v. Chesapeake & Ohio Railway Co.

CLAY, Commissioner.

Plaintiff appellant, driving an automobile, was struck by defendant appellee’s passenger train on a public railroad crossing. He survived, and in this suit for damages the trial court directed a verdict for defendant at the close of plaintiff’s evidence. Assuming defendant was negligent in the operation of its train, our question is whether plaintiff was contributorily negligent as a matter of law.

The accident happened at 1:30 a. m. on a clear night. There were three tracks running east and west over the crossing. The highway runs north and south. Plaintiff approached from…